IN THE HIGH COURT OF PUNJAB & HARYANA AT 216 Sajid State of Punjab [ CORAM: Present : SURYA PARTAP SINGH under Section 483 of been filed under Sections 105 & 61(2) of as ‘BNS’, Police Station Jodhan, District Ludhiana (Rural). 2. Gurcharan Singh’, who team of police officials, deputed for patrolling duty, he received an information with regard to explosion in a building, situated at ‘Aashi Kalan Road’ Jodhan abovementioned place along with accompanying police officials and found that sacks of gun powder were stocked CRM-M-24995-2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH VERSUS State of Punjab CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH Mr. Sachin Sharma and Mr. Nikhil Singh for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab ***** SURYA PARTAP SINGH, J. This petition for bail is the first under Section 483 of ‘the Bharatiya Nagarik Suraksha Sanhita been filed with regard to a case arising out of under Sections 3, 4 & 5 of the Explosive Substances Act, 1908 and Sections 105 & 61(2) of Bharatiya Nyaya Sanhita, 2023, hereinafter being referred to , Police Station Jodhan, District Ludhiana (Rural). The abovementioned FIR came into being Gurcharan Singh’, who had reported that on 01.04.2026, when was leading a team of police officials, deputed for patrolling duty, he received an information with regard to explosion in a building, situated at ‘Aashi Kalan Jodhan. As per above-named polic abovementioned place along with accompanying police officials and found that sacks of gun powder were stocked the (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-24995-2026 (O&M) Date of decision : 17.07.2026 ..... Petitioner VERSUS ..... Respondent SURYA PARTAP SINGH Sachin Sharma and Mr. Nikhil Singh, Advocates Mr. I.P.S. Sabharwal, DAG, Punjab. ***** first petition, filed by the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023’. It case arising out of FIR No.44 dated 01.04.2026 5 of the Explosive Substances Act, 1908 and Sections Bharatiya Nyaya Sanhita, 2023, hereinafter being referred to , Police Station Jodhan, District Ludhiana (Rural). The abovementioned FIR came into being at the instance of ‘ reported that on 01.04.2026, when was leading a team of police officials, deputed for patrolling duty, he received an information with regard to explosion in a building, situated at ‘Aashi Kalan named police officer, he rushed to the abovementioned place along with accompanying police officials and found ere, and that due to explosion in the (O&M) .2026 Petitioner Respondent petitioner has 01.04.2026, 5 of the Explosive Substances Act, 1908 and Sections Bharatiya Nyaya Sanhita, 2023, hereinafter being referred to at the instance of ‘SI reported that on 01.04.2026, when was leading a team of police officials, deputed for patrolling duty, he received an information with regard to explosion in a building, situated at ‘Aashi Kalan e officer, he rushed to the abovementioned place along with accompanying police officials and found explosion in the GAURAV THAKUR 2026.07.18 18:21 I attest to the accuracy and integrity of this document gun powder, the roof of the house suffered injuries in the abovementioned accident. It was further reported by the above injuries. According to above the above ‘Wajid’. 3. information up. 4. 5. respondent with. The learned State Counsel has filed custody certificate of the petitioner. The same be taken on record. 6. 7. the petitioner is innocent, who has been falsely implicated in the present case, without any role, active or passive, played by the petitioner commission of the factory for packing of firecrackers was being run by ‘Krishan Singh’ abovementioned factory, but by twisting the facts, the pe shown as a person responsible for stocking gun powder in the abovementioned supplier of packing material. CRM-M-24995-2026 (O&M) 2 gun powder, the roof of the house had caved suffered injuries in the abovementioned accident. It was further reported by the above-named police officer that one of the injured succumbed to his . According to above-named police officer, the sacks the abovementioned house by ‘Sajid’ (the petitioner herein) It is the case of the prosecution that information, formal FIR of this case was lodged and the Notice of motion. Mr. I.P.S. Sabharwal, DAG, Punjab respondent-State. Hence service of notice upon the State is hereby dispensed The learned State Counsel has filed custody certificate of the petitioner. The same be taken on record. Heard. It has been contended by learned the petitioner is innocent, who has been falsely implicated in the present case, without any role, active or passive, played by the petitioner commission of crime. According to learned counsel for the petitioner, in fact the factory for packing of firecrackers was being run by ‘Krishan Singh’, and that the petitioner was abovementioned factory, but by twisting the facts, the pe shown as a person responsible for stocking gun powder in the abovementioned building, whereas ‘Krishan Singh’ supplier of packing material. (O&M) 2 had caved-in, and few persons had suffered injuries in the abovementioned accident. It was further reported by named police officer that one of the injured succumbed to his named police officer, the sacks were stored in mentioned house by ‘Sajid’ (the petitioner herein) and his brother It is the case of the prosecution that in view of abovementioned , formal FIR of this case was lodged and the investigation taken I.P.S. Sabharwal, DAG, Punjab appears on behalf of State. Hence service of notice upon the State is hereby dispensed The learned State Counsel has filed custody certificate of the It has been contended by learned counsel for the petitioner that the petitioner is innocent, who has been falsely implicated in the present case, without any role, active or passive, played by the petitioner in the crime. According to learned counsel for the petitioner, in fact the factory for packing of firecrackers was being run by a person, namely , and that the petitioner was only a worker in the abovementioned factory, but by twisting the facts, the petitioner is being shown as a person responsible for stocking gun powder in the ‘Krishan Singh’ has been shown onl , and few persons had suffered injuries in the abovementioned accident. It was further reported by named police officer that one of the injured succumbed to his were stored in and his brother in view of abovementioned investigation taken appears on behalf of State. Hence service of notice upon the State is hereby dispensed The learned State Counsel has filed custody certificate of the counsel for the petitioner that the petitioner is innocent, who has been falsely implicated in the present in the crime. According to learned counsel for the petitioner, in fact a person, namely a worker in the titioner is being shown as a person responsible for stocking gun powder in the ly a GAURAV THAKUR 2026.07.18 18:21 I attest to the accuracy and integrity of this document 8. in the present case, to co-accused ‘Krishan Singh’ ‘Mukhtiar Kaur’, who was owner of the building, where taken place. While claim explosion, in any manner, whatsoever, it has been contended by learned counsel for the petitioner that the petitioner already suffered incarceration for a period of more t basis of abovementioned grounds, the learned counsel for the petitioner has sought for the benefit of bail for the petitioner. 9. abovementioned arguments present case factory in an illegal manner As per le explosive substance in the building, without any permit or license. It has also been contended by learned State Counsel that there were numerous labourers working in the abovementioned factory, but they have not been implicated, which sho Counsel, he was running the abovementioned factory. 10. 11. the relevant factors which are required to be ta decision:- CRM-M-24995-2026 (O&M) 3 The learned counsel for the petitioner has further in the present case, the benefit of anticipatory bail has already been accused ‘Krishan Singh’, who was running a factory ‘Mukhtiar Kaur’, who was owner of the building, where taken place. While claiming that the petitioner explosion, in any manner, whatsoever, it has been contended by learned counsel for the petitioner that the petitioner already suffered incarceration for a period of more t basis of abovementioned grounds, the learned counsel for the petitioner has sought for the benefit of bail for the petitioner. The learned State Counsel abovementioned arguments. According to learned State Counsel, in the present case there are allegations against the petitioner factory in an illegal manner, and in violation earned State Counsel, the petitioner was responsible for stocking plosive substance in the building, without any permit or license. It has also been contended by learned State Counsel that there were numerous labourers working in the abovementioned factory, but they have not been implicated, ows impartiality of the investig the petitioner is being prosecuted in the present case only because he was running the abovementioned factory. The record has been perused carefully. A perusal of record shows that in the present case, following are the relevant factors which are required to be ta - (O&M) 3 The learned counsel for the petitioner has further contended that the benefit of anticipatory bail has already been accorded , who was running a factory, and also ‘Mukhtiar Kaur’, who was owner of the building, wherein the incident had ing that the petitioner was not responsible for the explosion, in any manner, whatsoever, it has been contended by learned counsel for the petitioner that the petitioner has clean antecedents and he has already suffered incarceration for a period of more than three months. On the basis of abovementioned grounds, the learned counsel for the petitioner has sought for the benefit of bail for the petitioner. The learned State Counsel has controverted the According to learned State Counsel, in the there are allegations against the petitioner that he was running a and in violation of provisions of Explosive Act the petitioner was responsible for stocking plosive substance in the building, without any permit or license. It has also been contended by learned State Counsel that there were numerous labourers working in the abovementioned factory, but they have not been implicated, gation. According to learned State ing prosecuted in the present case only because he was running the abovementioned factory. The record has been perused carefully. A perusal of record shows that in the present case, following are the relevant factors which are required to be taken into consideration for a contended that accorded and also to incident had was not responsible for the explosion, in any manner, whatsoever, it has been contended by learned has clean antecedents and he has han three months. On the basis of abovementioned grounds, the learned counsel for the petitioner has has controverted the According to learned State Counsel, in the that he was running a of provisions of Explosive Act. the petitioner was responsible for stocking plosive substance in the building, without any permit or license. It has also been contended by learned State Counsel that there were numerous labourers working in the abovementioned factory, but they have not been implicated, State ing prosecuted in the present case only because A perusal of record shows that in the present case, following are ken into consideration for a GAURAV THAKUR 2026.07.18 18:21 I attest to the accuracy and integrity of this document 12. abovementioned factors, of merit accordingly. 13. shall not have any 14. disposed of, accordingly. 17.07.202 Gaurav Thakur CRM-M-24995-2026 (O&M) 4 i. that allegations against the petitioner are that he had stocked huge quantity of gun powder, without any permit or license in the building in question; ii. that the defence plea, taken by the petitioner that he was only a worker, can be examined on evidence only; iii. that the allegations against the petitioner are that committed a serious substance in a building iv. that the abovementioned illegal act of the petitioner has culminated into the loss of one precious life; and v. that the total custody period of the petitioner is barely three month, which cannot is delay in trial. Taking into consideration the abovementioned factors, it is hereby held that and deserves dismissal. Hence, the same is hereby accordingly. However, it is clarified that the shall not have any bearing upon the merits of the case. Pending miscellaneous application(s), if any, also stand(s) disposed of, accordingly. 2026 Gaurav Thakur Whether speaking / reasoned Whether Reportable (O&M) 4 allegations against the petitioner are that he had stocked huge quantity of gun powder, without any permit or license in the building in question; that the defence plea, taken by the petitioner that he was only a worker, can be examined on appreciation of that the allegations against the petitioner are that serious offence, i.e. storing of explosive in a building without any permit or license; the abovementioned illegal act of the petitioner has culminated into the loss of one precious life; and that the total custody period of the petitioner is barely three month, which cannot lead to a conclusion that there nto consideration the cumulative effect of all the it is hereby held that the present petition is devoid dismissal. Hence, the same is hereby dismissed it is clarified that the abovementioned observations bearing upon the merits of the case. Pending miscellaneous application(s), if any, also stand(s) (SURYA PARTAP SINGH) JUDGE Whether speaking / reasoned Yes/No Yes/No allegations against the petitioner are that he had stocked huge quantity of gun powder, without any permit that the defence plea, taken by the petitioner that he was appreciation of that the allegations against the petitioner are that he offence, i.e. storing of explosive the abovementioned illegal act of the petitioner has that the total custody period of the petitioner is barely a conclusion that there cumulative effect of all the devoid dismissed, abovementioned observations Pending miscellaneous application(s), if any, also stand(s) ) GAURAV THAKUR 2026.07.18 18:21 I attest to the accuracy and integrity of this document